DISCIPLINARY LIABILITY OF PHARMACEUTICAL WORKERS: LEGISLATIVE AND THEORETICAL-LEGAL ASPECTS

Abstract

The aim – to research of the current state of legal regulation and scientific approaches to the problem of applying disciplinary liability to pharmaceutical workers.

Material and Methods. The study used empirical (comparison, study of documents), theoretical (analysis and synthesis) and methods of interdisciplinary research (comparative law).

Results. Providing the population with safe, affordable and high-quality medicines (medicines) is a component of the constitutional right to health care for everyone. Given the extremely important social component of pharmaceutical activity (after all, it is about the health of the nation), the state's response to ensuring quality work and safe performance of pharmaceutical workers is very important.

The realities of today indicate the priority of persuasive measures to ensure labor discipline, but we believe that coercive methods, including the disciplinary liability of pharmaceutical workers, are also an important factor in the proper performance of their professional duties by the pharmaceutical and healthcare sectors. Currently, there is no official definition of disciplinary liability in the current labor legislation.

Analyzing and consolidating these approaches of scientists to the definition of disciplinary responsibility, it is necessary to identify its main features. First, disciplinary liability is a type of legal liability. Secondly, its application requires the existence of an employment relationship "employee-employer". Third, the DL provides for a legal obligation for the employee to be subject to certain restrictions. Fourth, the DL is a group of disciplinary sanctions clearly defined in the law.

Based on the analysis and consolidation of general theoretical approaches to the nature of disciplinary liability and special features of the legal status of a pharmaceutical worker, we must state that the disciplinary liability of pharmaceutical workers should be understood as a separate type of legal liability, penalties.

In turn, a disciplinary misdemeanor in the pharmaceutical field is an unlawful culpable non-performance or improper performance by a pharmaceutical employee of labor duties imposed on him by labor legislation, sectoral legislation, collective and employment contracts.

Conclusions. The current state and issues of legislative regulation of disciplinary action against pharmaceutical workers are studied.